Council and Local Executive relationship

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55 practices or in academic discourses. Thus, it is difficult to identify the extreme idea of each paradigm in today‟s local government implementation.

Indonesia, for example, inherited the Euro-Continental system of regional autonomy as the legacy of the Dutch governmental system which in today‟s practice, the system is likely combining the two paradigms of Euro-Continental and Anglo-Saxons that not only the local government is perceived as the channel for local society aspirations, but also as the way to give better services to society (Maksum 2008). This also stipulated in the 1945 Constitution article 18 that the governance executed on the basis of dispersion of power is aimed to achieve the effectiveness of the governance and to improve the grass-root democracy (Kaho 2005). To realize the principle, Daerah Otonom (autonomous region) was formed. Daerah otonom is the region which has the right and obligation to organize and control their domestic matters on the basis of policies, initiatives and financing by the region‟s instruments. While in order to materialize the representative of democracy at the local level, each region establishes the Dewan Perwakilan Rakyat Daerah (DPRD/the House of Representatives of Regions) as the manifestation for the local society‟s channel to give their aspiration (Prasojo et.al., 2007).

3.2.1. Council and Local Executive relationship

Based on the Republic of Indonesia Law No. 32/2004, Regional Administration shall refer to as the Regional Government and Regional House of Representatives running the Regional Administration Governmental Functions on the basis of Autonomy and Co-administrative modes under the principles of autonomy in the broadest understanding with the system and principles of the Unitary State of the Republic of Indonesia as stipulated in the 1945 Constitution of the Republic of Indonesia.While regional government is defined as the chief of local executives

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(Governor, „Bupati‟, mayor) along with the local institutions which have responsibilities to implement the designated mandatory. The title for the chief of province is Governor whereas for county is Bupati and finally for the chief of municipality is Walikota (mayor).

The regional head and its deputy have tasks and authority: 1) to lead the organization of regional government based on the policy approved together with the local council; 2) to propose local regulation draft; 3) to set the local regulation approved together with the council; 4) to organize and propose the local regulation of Local Revenue and Expenditure to council for discussion and set it together; 5) seek the implementation of regional responsibility; 6) to represent the region internally and externally of the court and may appoint a legal counsel to represent him/her accordance with the law; and 7) to implement task and other authorities accordance with the law. While the Governor as the central government representative has tasks and authority: 1) to guide and supervise the administration of city/county local government; 2) coordinates the implementation of central government affairs at the province and municipality/county; and 3) coordinates the guidance and supervision of the co-administrative affairs implementation at the province and municipality/county.

According to Maksum (2008), based on the categorization of council-executive‟ typology in the United States, Indonesia can be categorized as a strong-Mayor and Council-manager. It is a strong-major because the mayor and Bupati can develop their own bureaucracy and it is also a council-manager because the direct-elected mayor/Bupati may appoint a Secretary of the region by the approval from the council –although it also needs Governor Approval. The region‟s secretary responsibility is more likely as a manager that he/she plays major role to organize the daily works of local government.

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57 Dewan Perwakilan Rakyat Daerah (DPRD/local parliament) is the regional people‟s representative body and serves as one of the elements of regional administration. The parliament has legislative, budgeting and supervision functions.

The position of regional government and the parliament are equal in the government and they conduct partnership in nature. Equal means that the parliament and the regional government is parallel and not supervise each other. Meanwhile partnership means that the regional government and parliament are partners to implement a policy of regional autonomy in the region in accordance with their respective functions.

These two institutions build a working relationship that is mutually supportive not as an opponent or competitor to one another.

In reality, the relationship between the local legislative and executive is different from what have been written. In some cases, the legislative acts as if their authority is higher than the executive especially in the matters of local revenue and expenditure discussion. It is not a secret anymore that sometimes the executive have to negotiate with the legislative if the executive wants their proposal to be approved.

In this matter, we believe that this is where the effective leadership behaviors should be displayed. Leaders practice the behaviors and play their role to approach the parliament about the proposals. Sadly, in practice, some regional leaders “approach”

the parliament not accordance with the rules.

Figure 3.1 illustrates an example of the structure of local government in Indonesia. Bupati/Wakil Bupati has equal position to DPRD (council) and below Bupati/Wakil Bupati is the Secretary of region with (commonly) three Assistants for 1) Government and Social Welfare matters; 2) Development and Economy matters; and 3) Administration matters. The employees of the Secretariat of DPRD are civil servants under the supervision of the region‟s Secretary and they are positioned at the

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council secretariat office. To run the local government tasks, Bupati is supported by agencies (Lembaga Teknis Daerah and Dinas Daerah) in which to do their tasks, the agencies should coordinate with the assistants and also secretary.

Figure 3-1 The county/city government structure